Case law

Blair v. Martel

645 F.3d 1151 · Court of Appeals for the Ninth Circuit · Jul 20, 2011

Because no Supreme Court decision clearly establishes such a right, we affirm the denial of the writ. I. … Ayers, 632 F.3d 500, 523 (9th Cir. 2011), where we held that no clearly established Supreme Court pre- cedent recognizes a due process right to a speedy appeal.

Sorenson v. Secretary of the Treasury of the United States

752 F.2d 1433 · Court of Appeals for the Ninth Circuit · Feb 5, 1985

Section 6401(b) defines an overpayment and clearly classifies an “earned income credit” as an “overpayment.” Section 6402 authorizes the Secretary to dispose of the overpayment. … This is quite similar to excess withholding taxes that the taxpayer has allowed to accumulate, which clearly can be intercepted.

Estate of Barbara L. Reynolds v. Lynn Martin, Secretary of Labor

985 F.2d 470 · Court of Appeals for the Ninth Circuit · Feb 9, 1993

Bolger, 768 F.2d 1148, 1151-52 (9th Cir.1985) (holding that an express congressional waiver abrogates governmental immunity from postjudgment interest). … That general language, however, is qualified by the clause “[ejxcept as otherwise specifically provided.”

Mark Stuart v. City of Scottsdale

Court of Appeals for the Ninth Circuit · Jun 1, 2022

The district court determined that defendants Lane, Cleary, and Glenn were entitled to qualified immunity on Stuart’s claim that these defendants interfered with protected First Amendment activity and wrongfully arrested … Washoe County, 663 F.3d 1071, 1076 (9th Cir. 2011) (in a § 1983 claim for wrongful arrest “the two prongs of the qualified immunity analysis can be summarized as: (1) whether there was probable cause for the arrest; and

Jane Doe v. Timothy White

Court of Appeals for the Ninth Circuit · Jun 1, 2021

“Qualified immunity shields . . . state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … To overcome a qualified immunity defense, clearly established law must recognize the claimed liberty or property interest. Krainski v. Nevada ex rel. Bd. of Regents, 616 F.3d 963, 970 (9th Cir. 2010). 1.

Planned Parenthood Arizona Inc v. Tom Betlach

727 F.3d 960 · Court of Appeals for the Ninth Circuit · Aug 22, 2013

of Ind., 699 F.3d at 968; Harris, 442 F.3d at 459.4 Section 1983 creates a federal remedy against anyone who, under color of state law, deprives “any citizen of the United States . . . of any rights, privileges, or immunities … For example, a doctor could establish that requisite by submitting a declaration or sworn testimony that she is willing to provide Medicaid patients with the service in question.

McNeely v. County of Sacramento

344 F. App'x 317 · Court of Appeals for the Ninth Circuit · Aug 26, 2009

The claim that the sheriff violated McNeely’s constitutional rights by acting pursuant to a facially valid warrant and court order fails, in any event, as “[l]aw enforcement officers are entitled to qualified immunity if … County of Los Angeles, 477 F.3d 652, 667 (9th Cir.2007) (internal quotation marks omitted); see also id. at 667-68 noting that to succeed on a Monell claim, a plaintiff must establish that the county’s policy was “the moving

McNeely v. County of Sacramento

344 F. App'x 317 · Court of Appeals for the Ninth Circuit · Aug 26, 2009

The claim that the sheriff violated McNeely’s constitutional rights by acting pursuant to a facially valid warrant and court order fails, in any event, as “[l]aw enforcement officers are entitled to qualified immunity if … County of Los Angeles, 477 F.3d 652, 667 (9th Cir.2007) (internal quotation marks omitted); see also id. at 667-68 noting that to succeed on a Monell claim, a plaintiff must establish that the county’s policy was “the moving

Yee Si, Also Known as Yee Suey v. John P. Boyd, District Director of Immigration and Naturalization

243 F.2d 203 · Court of Appeals for the Ninth Circuit · Apr 10, 1957

together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities … They also clearly show that Congressional enactments supersede treaty provisions inconsistent with them. [Many cases cited.]” 3.

Williams v. United States

711 F.2d 893 · Court of Appeals for the Ninth Circuit · Jul 27, 1983

That Act only operates to waive sovereign immunity where an admiralty claim exists against the United States. … The first requirement is clearly established since the alleged negligence “took effect” when Williams’ plane crashed in the navigable waters of the Pacific.

Kearney v. Foley & Lardner, LLP

582 F.3d 896 · Court of Appeals for the Ninth Circuit · Sep 18, 2009

Not all petitioning activity is immunized, however. A “sham” exception to the doctrine developed to prevent the immunization of conduct that used “governmental process ... as an anticompetitive weapon.” Kottle v. Nw. … Although Living Designs was not considered under Noerr-Pennington, the Sosa court said “the conduct alleged quite clearly fell within the third prong of Kottle’s sham litigation exception, in that it amounted to a ‘knowing

E. K. B. v. City of Azusa

Court of Appeals for the Ninth Circuit · Jul 22, 2025

“Unless the officer ‘violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known,’ she is entitled to qualified immunity.” Hernandez v. … are entitled to qualified immunity.

Humberto Miranda v. Raymond Madden

Court of Appeals for the Ninth Circuit · Feb 6, 2024

. § 1983 action for the reason of defendants’ qualified immunity. Because the facts are known to the parties, we repeat them only as necessary to explain our decision. We affirm. … The district court did not err in concluding that the defendants are entitled to qualified immunity on Miranda’s conditions of confinement claim because the constitutional right allegedly violated is not clearly established

Joseph Allen v. Mark Miller

Court of Appeals for the Ninth Circuit · Aug 6, 2020

When a defendant raises a qualified immunity defense, we ask “whether the plaintiff’s allegations, if true, establish a constitutional violation.” Wilkins v. City of Oakland, 350 F.3d 949, 954 (9th Cir. 2003). … We further inquire whether “the actions alleged violate a clearly established constitutional right, where ‘clearly established’ means that ‘it would be clear to a reasonable officer that his conduct was unlawful in the

Charles K. Kanekoa Warren E. Kanekoa v. City and County of Honolulu Douglas G. Gibb, and State of Hawaii, Defendant/intervenor-Appellee. Damien Melemai v. City and County of Honolulu Douglas G. Gibb

879 F.2d 607 · Court of Appeals for the Ninth Circuit · Jun 29, 1989

immunity as a defense to the actions. … immunity as a defense.

Actmedia, Inc. v. Jay Stroh

830 F.2d 957 · Court of Appeals for the Ninth Circuit · May 12, 1986

See Almond Hill School, 768 F.2d at 1034-35 . 25 The pretrial order relied upon by Actmedia does not include an "unequivocal," "express," or clearly implied waiver of California's eleventh-amendment immunity. … The order indicates merely that ABC admitted the underlying facts that would have been necessary to establish federal jurisdiction over Actmedia's claims, not that it waived its eleventh-amendment immunity.

Robert Johnson v. Robert Heins

Court of Appeals for the Ninth Circuit · Feb 9, 2021

“With respect to qualified immunity determinations on summary judgment, we assess whether the contours of [the plaintiff’s rights] were clearly established with respect to the alleged misconduct.” Id. … Defendants are not entitled to qualified immunity on this claim, as it was clearly established at the time of their alleged conduct that “an unprovoked and unjustified attack by a prison guard” violates the Eighth Amendment

Fort Mojave Tribe v. County of San Bernardino

543 F.2d 1253 · Court of Appeals for the Ninth Circuit · Sep 28, 1976

Texas Co., 336 U.S. 342 (1949) a clear ruling that there was no tax immunity for non-Indian lessees prior to the passage of PL-280. … Therefore, PL-280 provides no support for the argument that immunity should be extended to non-Indian lessees of Indian land.

Hamilton v. Brown

630 F.3d 889 · Court of Appeals for the Ninth Circuit · Jan 4, 2011

screening stage, the court must dismiss the complaint or any portion thereof that is “frivolous, malicious, or fails to state a claim upon which relief may be granted,” or “seeks monetary relief from a defendant who is immune … The plurality explained that “the DNA profile derived from the defendant’s blood sample establishes only a record of the defendant’s identity—otherwise personal information in which the qualified offender can claim no right

Fobbs v. Holy Cross Health System Corp.

29 F.3d 1439 · Court of Appeals for the Ninth Circuit · Jul 19, 1994

Fobbs clearly supports the conclusion of the MEC that a summary restriction be taken to avoid imminent danger. Dr. Fobbs was not suspended, his practice was not limited, and his access to the hospital was not limited. … (justifying application of heightened pleading standard on the ground that the Supreme Court expressly declined to decide whether its “qualified immunity jurisprudence would require a heightened pleading in cases involving